ENVIRONMENT PROTECTION ACT 2019 - SECT 198 Contravention of stop work notice – environmental offences
ENVIRONMENT PROTECTION ACT 2019 - SECT 198
Contravention of stop work notice – environmental offences(1) A person commits an offence if:
(a) the person has been issued with a stop work notice; and
(b) the person contravenes the notice and is reckless in relation to that result; and
(c) the contravention results in significant environmental harm and the person is reckless in relation to that result.
Penalty: environmental offence level 1.
(2) A person commits an offence if:
(a) the person has been issued with a stop work notice; and
(b) the person contravenes the notice and is reckless in relation to that result; and
(c) the contravention results in material environmental harm and the person is reckless in relation to that result.
Penalty: environmental offence level 2.
(3) A person commits an offence if:
(a) the person has been issued with a stop work notice; and
(b) the person contravenes the notice; and
(c) the contravention results in significant environmental harm.
Penalty: environmental offence level 2.
(4) A person commits an offence if:
(a) the person has been issued with a stop work notice; and
(b) the person contravenes the notice.
Penalty: environmental offence level 3.
(5) Strict liability applies to subsections (1)(a) and (2)(a).
(6) An offence against subsection (3) or (4) is an offence of strict liability.
(7) It is a defence to a prosecution for an offence against this section if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.
(8) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (7).